National Pollutant Discharge Elimination System (NPDES)

Authority

STATE
Hawaii Revised Statutes (HRS) 342D "State Water Pollution"
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342D/HRS_0342D-.htm

Hawaii Administrative Rules (HAR) Title 11, Chapter 55 "Water Pollution Control"
http://www.state.hi.us/health/rules/11-55.pdf

FEDERAL
Federal Clean Water Act
http://www4.law.cornell.edu/uscode/33/ch26.html

Office
Clean Water Branch
(808) 586-4309

When Required
Before discharging any pollutant, or beginning construction activities that disturb more than one acre of land, or substantially altering the quality of any discharges, a person must submit a completed NPDES application, submit a notice of intent, or, for certain storm water discharges, meet all requirements for a conditional "no exposure" exclusion. The application must be submitted at least 180 days before the discharge or construction begins.

Time to Obtain
Within 180 days upon receipt of completed application.

Duration
A maximum of 5 years.

Fees
Filing fee of $1,000.00.

Public Notice
The director must notify the public of every completed NPDES permit application to inform interested persons of the proposed discharge and the proposed determination to issue an NPDES permit.

Reporting Required
N/A

CWA Section 401 Water Quality Certification

Authority

STATE
Hawaii Revised Statutes (HRS) 342D "State Water Pollution"
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342D/HRS_0342D-.htm

Hawaii Administrative Rules (HAR) Title 11, Chapter 54 "Water Quality Standards"
http://www.state.hi.us/health/rules/11-54.pdf

FEDERAL
Federal Clean Water Act
http://www4.law.cornell.edu/uscode/33/ch26.html

Office
Clean Water Branch
(808) 586-4309

When Required
Section 401 of the Federal Clean Water Act requires a water quality certification from any person applying for a federal license or permit to conduct any activity that may cause discharge into navigable waters of the United States.

Time to Obtain
Within one year after receipt of completed application.

Duration
?

Fees
Filing fee of $100.

Public Notice
The Department of Health (DOH) may provide the opportunity for public comment or hearing (or both) to consider the issuance of water quality certification.

Reporting Required
N/A

Underground Injection Control (UIC)

Authority

STATE
Hawaii Revised Statutes (HRS) 340E "State Safe Drinking Water"
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0340E/HRS_0340E-.htm

Hawaii Administrative Rules (HAR) Title 11, Chapter 23 "Underground Injection Control"
http://www.state.hi.us/health/rules/11-23.html
http://www.state.hi.us/health/rules/11-23a.pdf

FEDERAL
Federal Safe Drinking Water Act Amendments
http://www.epa.gov/safewater/sdwa/sdwa.html

Office
Safe Drinking Water Branch
(808) 586-4258

When Required
HAR §11-23-12 "No person shall operate, modify or abandon an injection well or wells without first obtaining a UIC permit from the Department of Health (DOH). Further, no person shall start construction of an injection well without first applying for a permit and obtaining DOH's approval for the start of construction."

Time to Obtain
?

Duration
5 years maximum.

Fees
Filing fee of $100 for each application (government agencies exempt)

Public Notice
DOH must notify the public of every application for a well proposing to inject into an underground source of drinking water. DOH must allow a 30-day comment period for interested persons to submit their written views regarding the UIC application.

Reporting Required
The operator of any injection well must keep detailed records of the operation of the well including the type and quantity of injected fluids, and the method and rate of injection for each well.

The owner of any injection well must report any change in ownership to DOH in writing within one month of the change.